Firms facing fines over Fireworks fiasco

Remember, remember, the 5th of November? It could be a date some companies will want to forget if they fail to follow new legal guidelines for their fireworks display.

For the first time, companies organising or hosting firework displays must comply with The Fireworks Act 2003 and The Fireworks Regulations 2004, says Croner Consulting, one of the UKís leading providers of business advice and support.

The company is warning employers that failure to follow health and safety guidelines when they hold their fireworks display could result in risks to safety, unlimited fines, and/or a prison sentence.

Under the Health and Safety at Work etc. Act 1974, any company holding a non-domestic fireworks display, from a local pub to large hotel, or a corporate event, has a duty of care to both employees and anyone íaffected byí the event.

But The Fireworks Act 2003, which was introduced last year and came in to force this year, has put a framework into place that allowed the Government to address a range of firework issues where present legislation falls short.

Consequently the Act gave rise to the Fireworks Regulations 2004, which introduces a number of limited prohibitions on the importation, sale, possession and use of fireworks. With the exception of sections 9 and 11 which deal with licensing and imports respectively, the Regulations are now in force.

Stephen Thomas, health and safety consultant at Croner Consulting, part of Wolters Kluwer UK, says: Non-domestic displays, whether it be a private corporate event, or one that is open to the public, present a risk to spectators, nearby residents, pets and wildlife. Businesses are responsible for identifying and minimising the risk and potential nuisance created by such displays. Should an incident occur the new firework legislation means they could face up to two years imprisonment if referred to a Higher Court.

The Fireworks Act 2003 and subsequent Regulations were not implemented in time for last yearís festivities, but for the first time this year employers must be aware of the new Regulations under the Act and take steps to ensure they are compliant.

Croner Consulting provides the following guidelines, applicable to anyone holding a non-domestic display:

If in any doubt about the legislative requirements or ability to set up and operate a display, a professional display organiser and operator should be hired.

Undertake a risk assessment to identify all risks associated with firework displays and bonfires.

Inform the local Police, Fire Brigade, Local Enforcing Authority, residents and institutions (i.e. hospitals and care homes) about the display.

Define and control the display site boundaries (i.e. spectator area, safety area between the spectators and the fireworks, firing area, fallout area for debris from exploded fireworks, bonfire area and exit areas).

Check the site in daylight to ensure there are no obstructions such as buildings, overhead cables and overhanging trees.

Provide an adequate number of stewards responsible for crowd safety and provide them with high visibility jackets.

Provide adequate fire fighting facilities and train stewards in their use.

Have at least one suitably equipped First Aid point, manned by a fully qualified First Aider.

Use only fireworks that are classified to British Standard BS7114:1988 and store them in a secure, dry place with no possible sources of ignition.

Make contingency plans for any possible unplanned events (e.g. ignition of fireworks, disorderly spectator behaviour, or the bonfire getting out of control).

Prohibit spectators from bringing their own fireworks to the display.

Stephen says: Unfortunately there are a large number of accidents involving fireworks every year, especially at the hands of the inexperienced. Businesses must demonstrate that they have taken all possible steps to minimise the risks to safety of their employees and those affected by the event. We also advise companies to follow health and safety guidelines and keep up to date with Firework Legislation.